The Warsaw-based Helsinki Foundation for Human Rights (HFHR), a member of the Human Rights House Network (HRHN), has concluded that “the key pillars of the democratic state under the rule of law are in danger of being dismantled in Poland. The governing party is attempting to change the entire political system using lower ranking laws such as acts and resolutions without changing the Constitution (as it lacks the required majority to change the Constitution). Reforms have been pushed through at an accelerated pace, without consultation with civil society and in disregard for experts’ opinions. The discussion that accompanies the changes deepens social divisions.” Malgorzata Szuleka from HFHR said that the crisis is in fact the “reflection of the willingness of those in power to use their power to impose their rules on the society.”

The changes have been protested domestically and internationally.

December 2015 saw thousands of people demonstrating on the streets of Warsaw and other cities. In addition, well-respected voices in the country also raised concern over the evolution of the situation, such as the Office of the Human Rights Defender, the first President of the Supreme Court and the National Judiciary Council.

Changes to the Constitutional Tribunal have also led to concern expressed by international organisations. The Venice Commission expressed its concerns regarding the changes adopted in Poland regarding the Act on the Constitutional Tribunal – a sentiment echoed by the President of the Parliamentary Assembly of the Council of Europe, the Secretary General of the Council of Europe,  Council of Europe Comissioner for Human Rights.  

The changes to the justice system are being condemned by legal academics as a violation of the principle of the separation of powers, while the amended Act on public media has drawn concern from organisations such as the European Broadcasting Union, European Federation of Journalists, Reporters Without Borders and the Association of European Journalists.

 

The Parliamentary Assembly of the Council of Europe on the 25th of January did not have the necessary majority to have an urgent debate on Poland.

“It is a shame that the Assembly is unable to address a situation in such need of attention. We must not let Poland slide in the wrong direction, as it is an example for democracy and rule of law in Europe. The Council of Europe has already been unable to address the ‘illiberal democracy’ born in Hungary and cannot now remain silent at the emerging copycat in Poland.” says Florian Irminger, Head of Advocacy, Human Rights House Network.

 

Malgorzata Szuleka and Florian Irminger were both in Strasbourg this week at the Parliamentary Assembly as a first HRHN push to get the rapidly deteriorating situation in Poland on the agenda of European institutions, aiming at an international political response.